CLEVELAND, Ohio – Jurors were visibly shocked and surprised when attorney Joseph Patituce stood in Cuyahoga County Common Pleas Court Tuesday afternoon and announced that the defense would rest its case after calling no witnesses in the trial of accused veterans charity swindler Bobby Thompson.

The defendant stoically sat with one finger pressed against his closed lips, visually illustrating his attorney’s earlier announcement that Thompson would not be taking the witness stand in his own defense.

Patituce said there was concern about Thompson’s mental and physical ability to testify and withstand cross-examination by the prosecution.

Authorities say Thompson is a stolen identity used by John Donald Cody to bilk donors to his U.S. Navy Veterans Association out of more than $100 million nationwide from 2002-10.

After the defense rested, jurors received instruction from Judge Steven Gall about their deliberations of Thompson’s guilt or innocence on charges including theft, money-laundering, tampering with records, identity theft, and engaging in a pattern of corrupt activity.

Earlier in the day, Gall told the defense and prosecution, without the jury being present, that last Tuesday Thompson had been banging his head against the wall of a holding cell. He said Thompson refused medical attention and a jail psychiatrist reported that Thompson was not taking any medication.

Thompson appeared in court Tuesday without a necktie and flanked by two guards instead of the usual one.

The announcement that he would not testify capped a tumultuous morning that started when the trial was delayed for more than an hour as Thompson reportedly refused to leave his jail cell. As he was being brought to court in the standard orange jail uniform and shackles, he decided to change into the more formal civilian attire that he has been wearing to court during the past six weeks.

But when Thompson finally appeared in court, he was disheveled and defensive, looking as if he had just wrestled a bear. His shirt was unbuttoned to the navel, exposing his bare chest, and his hair was wildly tousled.

When invited by the judge to button up, Thompson did so but later repeatedly refused to answer when the judge asked if he planned to testify in his own defense.

Each time Gall asked if Thompson was going to testify, the defendant whispered to his attorney. At one point an exasperated Gall told Thompson to stop whispering to his attorney and answer the question.

Thompson remained silent.

Gall then gave Thompson the option of cleaning up his appearance and returning with an answer, which the defendant took. After the break Thompson was wearing a different shirt, and sat quietly while Patituce made the announcement.

Attorneys are expected to make their closing arguments to the jury on Wednesday.